Mediation and collaborative law

Mediation and collaborative law

Court proceedings are often not the best way to try to sort out complex family disagreements.

Mediation

Mediation provides an opportunity for you and your partner to discuss your disagreements with a trained mediator who will try to help you find a compromise that you can both live with, whether this relates to your children or to financial matters. We can refer you to a specialist mediation service. Mediation is not free (unless you are entitled to legal aid) but it often works out a lot cheaper than trying to sort things out through court. We will continue to provide you with advice as mediation progresses. Find out about our fixed fees for advice about mediation (financial issues).

The Children and Families Act 2014 has now received Royal Assent and came into force on 22 April 2014.

It is now a requirement that before making an application to the court in a family case, the applicant must attend a family mediation information and assessment meeting (MIAM), unless an exemption applies or the application is urgent. There is a post in our News section which gives more detail about these meetings and the exemptions.

The Government is seeking to encourage the use of mediation for separating couples as an alternative to court action.  In many cases this can be appropriate and successful.  In the hope of encouraging couples to attend mediation the Government has also continued to provide legal aid to those that qualify.  For more information, please visit the National Family Mediation website.

Please note that as from April 22nd 2014 non-means tested legal aid is available for abduction cases under the Hague Convention. We can give more information if this is relevant to you.

 

Collaborative Law

The collaborative family law process is a relatively new way of dealing with family disputes. Each person appoints their own lawyer but instead of conducting negotiations between you and your partner by letter or phone you meet together to work things out face to face. Each of you will have your lawyer by your side throughout the entire process and therefore you will benefit from legal advice as you go. The aim of collaborative law is to resolve family disputes without going to court.

Ready to talk to one of our specialists?

All of our lawyers adhere to the Resolution code of practice intended to ensure that matters are dealt with in a sensitive and constructive way. You can find a complete list of the Simpson Millar legal team here or if you’d prefer to speak to one of us directly please call our Corn Street Office on 0345 357 9650.

Family Law Specialist

John Pratley
john.pratley@simpsonmillar.co.uk

Family Law Specialist

Carol Chrisfield
carol.chrisfield@simpsonmillar.co.uk

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